HOLLEY v. GREENE CO.


3 Misc.2d 941 (1956)

Bert Holley, Plaintiff, v. H. L. Greene Co., Inc., Defendant.

Supreme Court, Special Term, Monroe County.

June 26, 1956.


Attorney(s) appearing for the Case

Nicholas R. Santoro for defendant.

Melvin W. Buetens for plaintiff.


G. ROBERT WITMER, J.

Defendant has moved for an order dismissing the third cause of action of the amended complaint herein on the ground that it is insufficient in law. It appears from the amended complaint that the plaintiff was injured from an explosion while dismantling an old soda fountain which he bought from the defendant. In the first cause of action plaintiff alleges that the defendant expressly warranted that the unit in the fountain was "dead...

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